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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Suraj Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30(a) and 30(d) of the Excise Act for the alleged recovery of 420 litres of liquor. The petitioner argued that he was not arrested at the spot, that the liquor was not in his possession, and that the allegation stemmed from a local informant without proper investigation. The State opposed the bail, citing the petitioner’s antecedent of five criminal cases. The Court granted provisional anticipatory bail, directing the petitioner to furnish bail bonds of Rs.25,000 with two sureties, and ordered the trial court to verify the antecedent; if more than five cases are found, the bail would be cancelled, otherwise confirmed. The application was allowed subject to the conditions laid down under Section 438(2) Cr.P.C.

Issues considered

  • Whether anticipatory bail can be granted in an excise offence where the alleged contraband was not recovered from the accused’s possession.
  • Whether the petitioner’s antecedent of five criminal cases precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • criminal antecedent
  • liquor recovery
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87530 of 2025
                         Arising Out of PS. Case No.-221 Year-2025 Thana- MAKER District- Saran
                 ======================================================
                 Suraj Kumar S/O Babu Nath Sahni R/O Village- Baligaon, P.S.- Parsa,
                 District- Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Avinash Kumar Pandey
                 For the Opposite Party/s :        Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a, 30(d) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases and allegation is of

                   recovery of 420 litres of liquor from a place near Murahi diyara.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be

                   implicated at the instance of local person, but then, it is
Patna High Court CR. MISC. No.87530 of 2025(3) dt.20-01-2026
                                            2/3




          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Trial Court where the case is pending/successor Court in

          connection with Maker P. S. Case No.221 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than five cases,
               Patna High Court CR. MISC. No.87530 of 2025(3) dt.20-01-2026
                                                           3/3




                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of five cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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